Who may grant a delay for the PHO/PHO Report?

• A. The SJA
• B. The ADC
• C. The VIC
• D. The SPCMCA

Answer: (D)

Granting a delay in a special court-martial proceeding, including any required PHO/PHO Report, is a decision that rests with the Special Court-Martial Convening Authority. This official has the authority to grant continuances or extensions to ensure due process, accommodate scheduling needs, and allow time to complete all required reports. The Staff Judge Advocate can advise on the legal propriety of a delay, but cannot unilaterally grant it. The Assistant Defense Counsel may request a delay on behalf of the defense, but the actual grant is up to the convening authority. The Victim Advocate’s role is to protect and advocate for the victim’s rights, not to grant procedural delays. So the one with the power to grant the delay is the Special Court-Martial Convening Authority.